Mr. President, we have given up hope that your palace guard will let us in. Our chances of reaching you seem far better via this Memorandum, the 28th of its kind issued since early 2003, prepared at the behest of the Steering Group of our Veteran Intelligence Professionals for Sanity (VIPS). If this gets past your in-box protectors, we encourage you to pay more heed to it than your predecessor did to VIPS' warnings in the months before the attack on Iraq.

We suggest, with all due respect, that you give us an opportunity to brief you, before you find yourself repeating undocumented claims like "lives have been saved," and demonstrably false claims that no abuses have occurred.

Have none of your lawyers reminded you that "electronic surveillance of private citizens ... subversive of constitutional government" was one of the three Articles of Impeachment against President Richard Nixon approved by a bipartisan 28 to 10 vote of the House Judiciary Committee on July 27, 1974?

Richard Clarke, who was White House counterterrorism czar from 1998 through 2001, has told ProPublica that NSA had both the ability and the legal authority to trace calls from Mihdhar to Yemen. Clarke is correct. The targeting had been done; the numbers were known. The necessary authorities already existed.